Kinder Morgan leaves half of Vancouver, Burnaby’s pipeline questions unanswered

Cities’ mayors call on National Energy Board to force pipeline company to address issues

Kinder Morgan has failed to answer almost half of the questions posed by the cities of Vancouver and Burnaby on the company’s proposed Trans Mountain pipeline expansion into B.C.
In a statement issued Friday, the City of Vancouver states that Kinder Morgan has failed to answer 291 of nearly 600 questions submitted by them through the National Energy Board (NEB), and 315 of the 688 questions submitted by Burnaby.

The more than 1200 questions submitted by the two municipalities covered a broad range of issues connected to Kinder Morgan’s 15,000-page proposal, including those covering job creation levels, climate change and emergency response plans.

“Because the city has very significant questions that focus on the hundreds of ways in which Kinder Morgan’s proposed pipeline and tank farm would threaten our city and region’s safety, security and livability, we again asked Kinder Morgan to provide answers,” Burnaby mayor Derek Corrigan said in the statement.

“Unfortunately – but not surprisingly – Kinder Morgan has again failed to show respect for our citizens’ questions by refusing to answer almost half.”

Redacted safety plan

Vancouver and Burnaby say they will continue to call on the NEB to force Kinder Morgan to address these outstanding issues.

Just last week, Kinder Morgan defended its decision to only provide a heavily redacted version of its emergency spill response plan.

The company is seeking approval from the NEB to nearly triple the capacity of the existing pipeline. The $5.4 billion project would twin the existing pipeline that runs from Edmonton to Burnaby, B.C.

The National Energy Board (NEB) ruled in favour of Kinder Morgan’s redacted plan in January.

“In this instance, the board is satisfied that sufficient information has been filed from the existing EMP [Emergency Management Plan] documents to meet the board’s requirements at this stage in the process,” the decision read.

At that time, Premier Christy Clark said Kinder Morgan hadn’t met the five conditions set out by the province, and until that happened, it wouldn’t be going ahead with the project.

Washington State can view spill-response plans for pipeline that B.C. cannot

Washington State has documents outlining emergency response plans for a Kinder Morgan pipeline –plans similar to those British Columbians have been told by Canada’’s National Energy Board they’’re not allowed to see due to security concerns.

The B.C. government lost a battle with the National Energy Board in January to have greater access to Kinder Morgan’s Trans Mountain Pipeline emergency response plan (ERP). Kinder Morgan had already provided B.C. with a version of the plan, but significant portions were blacked out.

The denied information included specific response times, valve locations, and evacuation zone maps. The government had argued it needed the entire plan to be able to understand Kinder Morgan’’s ability to respond to an oil spill. The proposed $6.5-billion Trans Mountain expansion would twin the pipeline and triple the capacity for Alberta oil intended for Asian markets.

But in Washington State–where the pipeline would cross through to Puget Sound–Kinder Morgan has provided a more comprehensive response plan.

NDP environment critic Spencer Chandra Herbert wants to know why a similarly detailed plan isn’’t available for B.C. residents.

““We need to be able to get at least the information they are providing in Washington State,”” he said.

The U.S. plan includes information on response timelines, the availability of emergency equipment near specific pipeline sections, and a list of companies that could help out after an oil spill.

In one example, a company called BakerCorp is identified as being able to deliver “”21,000 gallon tanks to a spill site within 12 hours,”” and having enough pumps and hose to remove 6,300 gallons of oil per minute.

Yet in B.C., the energy board rejected B.C.’s demand for a complete response plan, citing sensitive information that could cause ““security concerns.””

A link to the Washington State ERP was available online recently at DeSmog Canada, but has since been deactivated by state officials.

The emergency plans were only to be online between Jan. 9 and Feb. 9 during a public consultation, said Scott Zimmerman from the Washington State Department of Ecology, but they were accidentally left up until Feb.18.

The U.S. plan details further information about “”unique”” sections of the pipeline. These include the location of shutoff valves, areas where the pipeline crosses water, peak volumes, and the thickness of pipeline walls.

In the event of an emergency, 48-hour timelines are also presented for each section of the pipeline, with descriptions of the type of equipment and number of people needed–as well as how much oil could be recovered immediately after a spill.

On the Samish River – a location identified as “”Zone 3,”” about 40 kilometres south of Bellingham-Kinder Morgan, estimated it could have 18 people and 600 metres of containment boom available within two hours of a spill.

A spokesman with the B.C. Mines Ministry did not respond directly when asked for an opinion on the plan’’s availability in Washington State.

But the B.C. government has been aware since last year that a version of the plan was available to the Americans. B.C. argued in its motion to the NEB asking for the public release of the information that keeping it secret in B.C. is ““inexplicable.””

It “”calls into serious question the legitimacy of Trans Mountain’s claim,”” reads the B.C. government motion.

In the same motion, the province said history showed the possibility of a spill from Trans Mountain facilities.

“”The potential for devastating effects on the environment, human health, and local economies is irrefutable,”” it said.

In 2007, a spill released about 1,500 barrels of oil in a Burnaby neighbourhood, with 440 barrels flowing into the Burrard Inlet.

Despite Kinder ruling, NEB wants pipeline emergency response plans made public

The National Energy Board wants companies in Canada to make their emergency response plans public for existing pipelines, even though it has ruled Kinder Morgan can keep its plans secret from British Columbians.

“Our chairman is not very happy. Canadians deserve to have that information,” said Darin Barter, a spokesperson for the NEB.

“There’s a public will for that information, and industry needs to find a way to make it public.”

Companies are not required to disclose their emergency response plans under Canadian law. Barter said the board is not calling for a legislative change, but for a commitment from industry to be more transparent.

He said chairman Peter Watson sent a letter on Feb. 5 about the issue to the Canadian Energy Pipeline Association. A spokesman for the association said it received the letter and will be discussing how to meet the NEB’s expectations.

But during a conference call on Feb. 20 Kinder Morgan maintained it is not required to release further details of its emergency response plan after the NEB agreed that sensitive security details could be at risk.

Details of the company’s spill response plan in Washington State have been publicly posted online.

The decision to keep the plans secret in B.C. has prompted the provincial government to call for more transparency around Kinder Morgan’’s ability to respond to a potential oil spill. The proposed $5.4-billion Trans Mountain expansion would twin the pipeline and triple the capacity for Alberta oil intended for Asian markets.

Ian Anderson, President of Kinder Morgan Canada, addressed the issue on Friday.

““National security and public safety reasons made it prudent to keep aspects of the plan confidential and private,”” he said.

But Green MLA Andrew Weaver thinks the company should fully disclose the details of its plans. Especially, he said, considering that Washington State–where sections of the Trans Mountain pipeline cross into–already has a much more detailed plan than B.C.

““I do not understand what the security element is,”” he said, “If it’s okay for the US to have the full version, I don’t know why B.C. can’t have it?””

Still, Michel Juneau-Katsuya, a former senior intelligence officer with the Canadian Security Intelligence Service (CSIS), said security is a concern.

Information about valve locations and access points could fall into the hands of environmental extremists, who could potentially use it for sabotage, he said. He believes the The NEB was right to keep aspects of the emergency plan a secret.

Acts of sabotage have occurred in the past, said Mr. Juneau-Katsua, citing incidents like the 2008 bombings that targeted gas pipelines near Dawson Creek, B.C.

“If someone lost their life because an extremist wanted to demonstrate against a pipeline–that would be absolutely unacceptable,”” he said.

Linda Pilkey-Jarvis, who works with the Washington State Department of Ecology, said that state officials discussed the security concerns associated with publicly available plans, but ultimately ruled on the side of transparency.

“Pipeline advocates hold us up as an example that others should follow,”” she said, “”but industry gets uncomfortable with the level of information we make available.””

Mr. Juneau-Katsuya, who believes pipelines do pose security concerns, was shocked to hear that Washington State makes their plans public.

““I’’m very surprised,”” he said, ““They might actually expose themselves as a target.””

The NEB will make a decision next January about whether the Trans Mountain pipeline should be approved. The federal government will then make a final decision approximately three months after.

With a report from The Canadian Press

Province needs more details on Kinder Morgan’s emergency plan

by Jennifer Moreau

The National Energy Board is allowing Kinder Morgan to keep parts of its emergency management plan for the Trans Mountain pipeline system redacted for commercial, security and privacy reasons, despite the provincial government’s insistence on more details.

The provincial government asked for the missing information, along with an oil spill response plan, in a Dec. 5 motion filed with the NEB.

“The province has found the redactions made by Trans Mountain to be excessive, unjustified and prohibitive. The redactions thwart the province’s examination of the EMP (emergency management program) documents, and preclude a thorough understanding of Trans Mountain’s EMP by the board and all intervenors,” the government’s motion reads.

Some of the missing information includes people’s names and phones numbers, bomb threat checklists and valve locations. A section on the Burnaby tank farm is missing information on site drainage and maps for the terminal and the evacuation zone.

But in a decision released last Thursday, the NEB sided with Kinder Morgan.

“In this instance, the board is satisfied that sufficient information has been filed from the existing EMP documents to meet the board’s requirements at this stage in the process,” the response reads. The board went on to explain that the province will be privy to some of the missing documents as Kinder Morgan consults “implicated parties” to update the plans for the proposed pipeline expansion.

Pending NEB approval, Kinder Morgan plans to twin the Trans Mountain pipeline, which would nearly triple the line’s capacity from 300,000 barrels per day to 890,000, while increasing tanker traffic nearly seven fold.

As for the oil spill response plan, the NEB cited Kinder Morgan’s line – that it can’t file what it doesn’t have – because Kinder Morgan is waiting for information from Western Canada Marine Response Corporation, the company in charge of cleaning up oil spills on water.

Several municipalities wrote to the NEB in support of the province’s request for more information, including Burnaby, Vancouver, Surrey, Langley, Abbotsford, North Vancouver and West Vancouver, as well as First Nations bands and environmental groups.

Kinder Morgan filed most of its emergency management plan with the NEB last October, which means the documents are publicly available through the board’s website. Kinder Morgan initially wanted to keep the documents secret for proprietary reasons, which the NEB sometimes allows. In this case, the board ruled that public interest outweighed Kinder Morgan’s request to keep the plan confidential.